(See also the separate entry for the volume itself.) This introduction has three parts. The first providing an overview of some main lines of research in deontic logic: the emergence of SDL, Chisholm's paradox and the development of dyadic deontic logics, various other puzzles/challenges and areas of development, along with philosophical applications. The second part focus on some actual and potential fruitful interactions between deontic logic, computer science and artificial intelligence. These include applications of deontic logic to AI knowledge representation (...) in legal systems, to modelling computer systems where it is expected that sub-ideal states will emerge and require countermeasures, to norm-governed human interactions with computer systems, and to the representation of some features of multi-agent systems where different agent-like computer systems interact with one another. The third and final part briefly groups and previews the papers in the anthology. (shrink)

This volume is a collection of some of the most important philosophical papers by Peter Gärdenfors. Spanning a period of more than 20 years of his research, they cover a wide ground of topics, from early works on decision theory, belief revision and nonmonotonic logic to more recent work on conceptual spaces, inductive reasoning, semantics and the evolutions of thinking. Many of the papers have only been published in places that are difficult to access. The common theme of all the (...) papers is the dynamics of thought. Several of the papers have become minor classics and the volume bears witness of the wide scope of Gärdenfors’ research and of his crisp and often witty style of writing. The volume will be of interest to researchers in philosophy and other cognitive sciences. (shrink)

Esta enciclopédia abrange, de uma forma introdutória mas desejavelmente rigorosa, uma diversidade de conceitos, temas, problemas, argumentos e teorias localizados numa área relativamente recente de estudos, os quais tem sido habitual qualificar como «estudos lógico-filosóficos». De uma forma apropriadamente genérica, e apesar de o território teórico abrangido ser extenso e de contornos por vezes difusos, podemos dizer que na área se investiga um conjunto de questões fundamentais acerca da natureza da linguagem, da mente, da cognição e do raciocínio humanos, bem (...) como questões acerca das conexões destes com a realidade não mental e extralinguística. A razão daquela qualificação é a seguinte: por um lado, a investigação em questão é qualificada como filosófica em virtude do elevado grau de generalidade e abstracção das questões examinadas (entre outras coisas); por outro, a investigação é qualificada como lógica em virtude de ser uma investigação logicamente disciplinada, no sentido de nela se fazer um uso intenso de conceitos, técnicas e métodos provenientes da disciplina de lógica. O agregado de tópicos que constitui a área de estudos lógico-filosóficos é já visível, pelo menos em parte, no Tractatus Logico-Philosophicus de Ludwig Wittgenstein, uma obra publicada em 1921. E uma boa maneira de ter uma ideia sinóptica do território disciplinar abrangido por esta enciclopédia, ou pelo menos de uma porção substancial dele, é extrair do Tractatus uma lista dos tópicos mais salientes aí discutidos; a lista incluirá certamente tópicos do seguinte género, muitos dos quais se podem encontrar ao longo desta enciclopédia: factos e estados de coisas; objectos; representação; crenças e estados mentais; pensamentos; a proposição; nomes próprios; valores de verdade e bivalência; quantificação; funções de verdade; verdade lógica; identidade; tautologia; o raciocínio matemático; a natureza da inferência; o cepticismo e o solipsismo; a indução; as constantes lógicas; a negação; a forma lógica; as leis da ciência; o número. (shrink)

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that (...) capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)

Information about the powers and abilities of acting entities is used to coordinate their actions in societies, either physical or digital. Yet, the commonsensical meaning of an acting entity being deemed able to do something is still missing from the existing specification languages for the web or for multi-agent systems. We advance a general purpose abstract logical account of evidence-based ability. A basic model can be thought of as the ongoing trace of a multi-agent system. Every state records systemic confirmations (...) and disconfirmations of whether an acting entity is able to bring about something. Qualitative inductive reasoning is then used in order to infer what acting entities are deemed able to bring about in the multi-agent system. A temporalised modal language is used to talk about deemed ability, actual agency, and confirmation and disconfirmation of deemed ability. What constitutes a confirmation and a disconfirmation is left to the modeller as in general it depends on the application at hand. So to illustrate the methodology we propose two extended examples, one in practical philosophy, the other in system engineering. We first use a logic of agency and ability to obtain a version of Mele’s general practical abilities. Then, we look at the management of abilities in a supervised system. (shrink)

The author examines the discipline of moral rights and in particular the need to embed them in a consequential system. He argues that the widely held opinion that independence from consequential evaluation is the right way of guaranteeing individual freedom is based on an inadequate appraisal of the role of moral rights in the social context. In this perspective he examines two specific cases: (1) elementary political and civil rights, and (2) the reproductive rights of women in the context of (...) poor countries with the problem of fast population growth. He argues that a coherent goal-rights system which accommodates rights among others goals, can overcome the non-consequential arguments and justify the force of moral rights fully within a consequentiality perspective. (shrink)

A history of the logic of action is outlined, beginning with St Anselm. Five modern authors are discussed in some detail: von Wright, Fitch, Kanger, Chellas and Pratt.

El ensayo que presento intenta establecer la unidad conceptual entre las llamadas normas regulatorias y las normas de competencia. Para ello se hace una construcción conceptual de la norma jurídica y del orden jurídico, cuando existe una pluralidad de normas. Con base en ello se ofrece un esquema del orden jurídico que comprende tanto a las normas regulatorias como a las de competencia, estableciendo la unidad entre ambas clases de normas, considerando que las normas regulatorias son una parte de las (...) normas de competencia, en tanto determinan el contenido de las normas inferiores creadas en el ejercicio de facultades jurídicas. The essay here presented tries to establish the conceptual unity between regulatory and empowerment norms. To that effect the path taken must be to carry out a conceptual construction of the legal norm and the legal order, when there exists a plurality of norms. Thereafter, one offers an outline of the legal order that encloses both regulatory and empowerment norms, thus establishing the unity between the latter two. Furthermore, one considers that regulatory norms are a subset of empowerment norms, so far as they determine the content of inferior norms created in the exercise of legal faculties. (shrink)

We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.

Both moral and legal theory feature prominent talk about rights. Yet there is very little agreement about what rights are, about why we use rights in our moral or legal theories, or about what to do when there is a conflict between rights. This article surveys many of the popular theory for analysing rights and explaining their scope.

¿Cómo justificar la validez jurídica de aquellas normas cuya creación no puede ser evaluada como regular o irregular por apelación a ninguna otra norma jurídica? Entre las respuestas más ilustres a este problema se cuentan la norma fundante kelseniana y la regla de reconocimiento de Hart, pero cada una de esas ideas ha sido objeto de serias críticas. Eugenio Bulygin ha efectuado aportes decisivos en esta discusión: ha advertido que cuando se examina el fundamento último de la validez de las (...) normas jurídicas es preciso discriminar un sentido prescriptivo y uno descriptivo de validez, y que la norma fundante de Kelsen no es sino el producto de una confusión entre ambos; ha resaltado que la regla de reconocimiento debe interpretarse como una regla conceptual que especifica los criterios de identificación de las normas jurídicas, y ha señalado que las normas de competencia no pueden reconstruirse como normas de conducta. Si bien con tales aportes ha sentado las bases para ofrecer una solución, su reconstrucción requiere de ciertas precisiones para poder ser considerada una respuesta enteramente satisfactoria a la pregunta respecto del fundamento último de la validez jurídica. How is it possible to ground the legal validity of those rules whose creation cannot be assessed as regular or irregular by reference to any other legal rule? Kelsen's basic norm and Hart's rule of recognition are among the most famous answers to this question, but both ideas have been seriously challenged. Eugenio Bulygin has made decisive contributions to this discussion. He has shown that in the analysis of the ultimate ground of validity of legal rules, two different senses of validity should be distinguished: a prescriptive and a descriptive sense, and that the Kelsenian basic norm is nothing but the product of confusion between these two different senses. He has also claimed that the rule of recognition has to be understood as a conceptual rule specifying the criteria of identification of legal rules, and those power-conferring rules cannot be interpreted as prescriptive norms of conduct. Although these contributions have provided a basic framework for a possible solution, Bulygin's ideas need a refinement in order to be considered as a satisfactory answer to the question concerning the ultimate ground of legal validity. (shrink)

This article is an exercise in computational jurisprudence. It seems clear thatthe field of AI and Law should draw upon the insights of legal philosophers,whenever possible. But can the computational perspective offer anything inreturn? I will explore this question by focusing on the concept of OWNERSHIP,which has been debated in the jurisprudential literature for centuries. Althoughthe intellectual currents here flow mostly in one direction – from legal philosophy to AI – I will show that there are also some insights to (...) be gained from a computational analysis of the OWNERSHIP relation. In particular, the article suggests a computational explanation for the emergence of abstract property rights, divorced from concrete material objects. (shrink)

We discuss similarities and residual differences, within the general semantic framework of minimality, between defeasible inference, belief revision, counterfactual conditionals, updating — and also conditional obligation in deontic logic. Our purpose is not to establish new results, but to bring together existing material to form a clear overall picture.

This paper is a preliminary investigation into the application of the formal-logical theory of normative positions to the characterisation of normative-informational positions, pertaining to rules that are meant to regulate the supply of information. First, we present the proposed framework. Next, we identify the kinds of nuances and distinctions that can be articulated in such a logical framework. Finally, we show how such nuances can arise in specific regulations. Reference is made to Data Protection Law and Contract Law, among others. (...) The proposed approach is articulated around two essential steps. The first involves identifying the set of possible interpretations that can be given to a particular norm. This is done by using formal methods. The second involves picking out one of these interpretations as the most likely one. This second step can be resolved only by using further information (e.g., the context or other parts of the regulation). (shrink)

This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. This second part of the paper deals in some detail with the operation of juridical acts. Topics dealt with include: power and competence, capacity, form requirements, partial validity, avoidance and representation.

This paper provides a computational framework, based on defeasible logic, to capture some aspects of institutional agency. Our background is Kanger-Lindahl-Pörn account of organised interaction, which describes this interaction within a multi-modal logical setting. This work focuses in particular on the notions of counts-as link and on those of attempt and of personal and direct action to realise states of affairs. We show how standard defeasible logic (DL) can be extended to represent these concepts: the resulting system preserves some basic (...) properties commonly attributed to them. In addition, the framework enjoys nice computational properties, as it turns out that the extension of any theory can be computed in time linear to the size of the theory itself. (shrink)

In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account also for the concepts (...) of representation, namely the representatives capacity of acting in the name of his principal, and of mandate, which is the mandatees duty to act as the mandator has requested. Finally, we show how the framework can be applied to represent the contract-net protocol. Some brief remarks on future research and applications conclude this contribution. (shrink)

The biennial DEON conferences are designed to promote interdisciplinary cooperation amongst scholars interested in linking the formal-logical study of normative concepts and normative systems with computer science, artificial intelligence, linguistics, philosophy, organization theory and law. In addition to these general themes, DEON 2016 encouraged a special focus on the topic "Reasons, Argumentation and Justification.".

We propose a new formalization of legal competences, and in particular for the Hohfeldian categories of power and immunity, through a deontic reinterpretation of dynamic epistemic logic. We argue that this logic explicitly captures the norm-changing character of legal competences while providing a sophisticated reduction of the latter to static normative positions. The logic is completely axiomatizable, and we apply it to a concrete case in German contract law to illustrate that it can capture the distinction between legal ability and (...) legal permissibility. (shrink)

Does Duncan Kennedy successfully cannibalize jurisprudence? He attempts to do it by demonstrating the inexistence of rightness in legal argumentation. If there is no right legal argument, then there is no right answer in adjudication, adjudication is not a rational enterprise and legal doctrine cannot be said to be a science. It can be shown that skepticism is self-defeating. Duncan Kennedy can avoid self defeat only because he actually believes in a lot of legal arguments. His thesis that judges decide (...) questions of policy without any methodology that distinguishes them from legislators does not hold. Judicial reasoning is subject to constraints that do not affect legislators. It must be based on the sources of law and is limited by rules of procedure. Even when the judges have ‘interstitial’ legislative powers they are, unlike the legislator, bound to fit the system and their decisions are considered in procedure from the perspective of the right answer doctrine. The only work that can convincingly refute the skeptic argument against legal science is the reconstruction of jurisprudence as a scientific enterprise. Such work is beyond the scope of any single paper. The article aims to give some inspirations for such a task. (shrink)

Deontic logic as a way of formally reasoning about norms, an important area in AI and law, has traditionally concerned itself about formalising provisions of general statutes. Despite the long history of deontic logic, given the wide scope of the logic, it is difficult, if not impossible, to formalise all these notions in a single formalism, and there are still ongoing debates on appropriate semantics for deontic modalities in different contexts. In this paper, we restrict our attention to contracts between (...) interactive parties, which are both general enough to be an interesting object of study but specific enough so as to narrow down the debates regarding the meaning of modalities, and present a formalism for reasoning about them. (shrink)

Normative positions are sometimes illustrated in diagrams, in particular in didactic contexts. Traditional examples are the Aristotelian polygons of opposition for deontic modalities (squares, triangles, hexagons, etc.), and the Hohfeldian squares for obligative and potestative concepts. Relying on previous work, we show that Hohfeld’s framework can be used as a basis for developing several Aristotelian polygons and more complex diagrams. Then, we illustrate how logical theories of increasing strength can be built based on these diagrams, and how those theories enable (...) us to determine in a computably efficient way whether a set of normative positions can be derived from another set of normative positions. (shrink)

Overview of fundamental work in deontic logic.

Deontic logic is standardly conceived as the logic of true statements about the existence of obligations and permissions. In his last writings on the subject, G. H. von Wright criticized this view of deontic logic, stressing the rationality of norm imposition as the proper foundation of deontic logic. The present paper is an attempt to advance such an account of deontic logic using the formal apparatus of update semantics and dynamic logic. That is, we first define norm systems and a (...) semantics of norm performatives as transformations of the norm system. Then a static modal logic for norm propositions is defined on that basis. In the course of this exposition we stress the performative nature of (i) free choice permission, (ii) the sealing legal principle and (iii) the social nature of permission. That is, (i) granting a disjunctive permission means granting permission for both disjuncts; (ii) non-prohibition does not entail permission, but the authority can declare that whatever he does not forbid is thereby permitted; and (iii) granting permission to one person means that all others are committed to not prevent the invocation of that permission. (shrink)

The paper intends to show, that W. N. Hohfeld's theory of fundamental jural relations is relevant to economic theory, and that Hohfeld's system can be reconstructed by the concepts of 'liberty space' and 'ability space', understood as an agent's Spielraum for action. The first half of the paper is devoted to an exposition of Hohfeld's system and to the question of its relation to the economic analysis of property rights. The second half concerns Spielraum theory and the reformulation of Hohfeldian (...) distinctions in terms of liberty spaces and ability spaces. It is argued that the reformulation is useful, inter alia, for describing exchange of property rights by contract. El artículo intenta mostrar: que la teoría de las relaciones jurídicas fundamentales de W. N. Hohfeld es relevante para la teoría económica y que el sistema de Hohfeld puede ser reconstruido mediante los conceptos de "espacio de libertad" y "espacio de capacidad", entendidos como el Spielraum para la acción del agente. La primera mitad del artículo está dedicada a la exposición del sistema de Hohfeld y al problema de su relación con el análisis económico de los derechos reales. La segunda mitad se refiere a la teoría del Spielraum y a la reformulación de las distinciones hohfeldianas en términos de espacio de libertad y espacio de capacidad. Se argumenta que esta reformulación es útil, inter alia, para describir el cambio de los derechos reales mediante contratos. (shrink)

In this work we provide an analysis of some issues arising with geometrical representations of a family of deontic and potestative relations that can be classified as Hohfeldian modalities, traditionally illustrated on two diagrams, the Hohfeldian squares. Our main target is the lack of symmetry to be found in various formal accounts by drawing analogies with the square of opposition for alethic modalities. We argue that one should rather rely on an analogy with the alethic hexagon of opposition and exploit (...) the notions of contingency and absoluteness in order to restore the symmetry of Hohfeldian modalities in accordance to the diagrams presented by Hohfeld. Interestingly, the investigation unveils three potestative squares defined at different levels of granularity (force, outcome and change) and allows us to further elaborate on the connections between deontic and potestative relations. (shrink)

This paper aims to explore two objections raised against Bulygin’s second approach to the definition of the nature of legal power-conferring rules. According to the first objection, such an account is vague about what is defined by legal power-conferring rules qua constitutive rules. I maintain that this vagueness is rooted in the lack of a suitable definition of legal power. I shall be arguing for the reduction of the complexity of the definientia by defining legal power as a species of (...) competence. According to the second objection, this non-reductive approach cannot explain the normativity of this kind of rules. Against this approach, it argues that legal powerconferring rules perform a deontic and a definitional function as constitutive rules of legal practice. (shrink)